New Prop 65 Labeling Requirements

On August 30 2016, California adopted amendments to the regulations that govern clear and reasonable warnings under Proposition 65. The new regulation takes effect August 30, 2018.

On January 4, 2016, we informed you that the Office of Health Hazard assessment (OEHHA), the agency in charge of Proposition 65, was proposing changes to the language required to give clear and reasonable warnings under Proposition 65. [1]

On August 30, 2016, the Office of Administrative Law approved the adoption [2] of the proposed amendments which repeal and replace Article 6 of Title 27 of the California Code of Regulations. [3] The revised language includes new requirements for what constitutes a clear and reasonable warning under Proposition 65. People who want to give warning about exposure to a Prop 65 listed chemical may use either the current or new version of the warning until the new requirement takes effect on August 30, 2018.

The new text clarifies the warning responsibilities of retailers and manufacturers of consumer products.

The new text clarifies the warning responsibilities of websites and catalogues.

The new text provides additional definitions of terms in the regulation.

The new warning label requirements for consumer products are listed in Sections 25602 and 25603 including these changes to the current labeling rules:

Requirements for type size: Text of the warning must be the same size as other consumer information presented on the package and may not be smaller than 6 point type.

Required Warning Symbol: The warning must include a warning symbol that is an equilateral triangle with an exclamation point. The triangle must have a bold outline. If the printing of the label that includes the warning is in color, the triangle must also be yellow. This symbol is followed by the word WARNING in capital letters and bold print the same size as the triangle symbol.

For consumer products, a simplified label on the product may be used that includes the warning symbol and text, and then describes the endpoint of the exposure, either “Cancer” or “Reproductive Harm” followed by the web address www.p65warnings.ca.gov. For example:

For consumer products that cause exposures to a listed carcinogen, the words,
“Cancer - www.P65Warnings.ca.gov.”

The full warning text is required for catalogues and websites when no warning label is provided on the product and may be used on consumer products if desired. It consists of:

For exposures to listed carcinogens, the words, “This product can expose you to chemicals including [name of one or more chemicals], which is [are] known to the State of California to cause cancer. For more information go to www.P65Warnings.ca.gov.”

For exposures to listed reproductive toxicants, the words, “This product can expose you to chemicals including [name of one or more chemicals], which is [are] known to the State of California to cause birth defects or other reproductive harm. For more information go to www.P65Warnings.ca.gov.”

The regulation also includes specific warning language for products that contain chemicals that are known to be both carcinogens and toxic to reproduction and warning language for products that contain chemicals that are known separately to be carcinogens and toxic to reproduction.

The new text goes into detail about acceptable warnings and methods of transmission for area and environmental warnings, and particular language for some specific products and businesses: